scholarly journals A Better Madden Fix: Holistic Reform, Not Band-Aids, to Modernize Banking Law

2021 ◽  
Vol 54 ◽  
Author(s):  
Matthew Razzano

Historically, state usury laws prohibited lending above certain interest rates, but in 1978 the Supreme Court interpreted the National Bank Act (NBA) to allow chartered banks to issue loans at rates based on where they were headquartered rather than where the loan originated. States like South Dakota virtually eliminated interest rate ceilings to attract business, incentivizing national banks to base credit operations there and avoid local usury laws. In 2015, however, the Second Circuit decided Madden v. Midland Funding, LLC and reversed long-standing banking practices, ruling that non-chartered financial institutions were not covered by the NBA and were therefore subject to state usury laws where the loan originated. The underlying reasoning for the court’s decision was well-intentioned and based on (a) an unwillingness to allow non-chartered institutions to function as pseudo-banks and (b) a desire to protect consumers. The court’s radical decision received widespread criticism, and empirical studies have demonstrated a noteworthy decrease in credit availability in the Second Circuit—negating the court’s own policy rationales. Since Madden, Congress and federal agencies have attempted an outright reversal, but none of their solutions address the Madden court’s fundamental concerns. This Essay argues that a Madden fix is needed, but the most effective solution must incorporate and address the Second Circuit’s underlying concerns.

2005 ◽  
Vol 13 (2) ◽  
pp. 133-143
Author(s):  
Joon Hee Rhee

Any finance models must specify the market prices of risk that determines the relationship between the two probability measures. Although the general form of the change of measure is well known, few papers have investigated the change of measure for interest rate models and their implications for the way a model can fit to empirical facts about the behaviour of interest rates. This paper demonstrates that arbitrary specifications of market price of risk in empirical studies under the two factor affine interest rate model with jumps are not compatible with the theory of original interest rate model. Particularly, the empirical models of Duffee (2002) and Duarte (2003) may be wrong specifications in some parts under a rigorous theoretical interest rate theory.


2021 ◽  
Vol 6 (26) ◽  
pp. 39-47
Author(s):  
Hua Siong Wong

Financial institutions licensed which were established under the Financial Services Act 2013 and the Moneylenders Act 1951 in Malaysia will provide financial loans at the interest rate charged permitted by-laws and guidelines from the Central Bank of Malaysia to borrowers. However, not all borrowers can afford to pay high and onerous interest rates. Therefore, the law in Malaysia allows for friendly loans, i.e. the lender will provide financial loans assistance to the borrower from of interest or with minimal interest rate. This study will focus on the extent to which the legal issues of the practice of friendly loans in Malaysia and whether the provisions of current laws and policies can protect the interests of both lenders and recipients of friendly loans. This study is qualitative in nature and involves library research. The results of this study will look at aspects of legal issues in order to protect the interests of both lenders and recipients of friendly loans. In fact, Malaysia could also consider creating a special law on friendly loans and regulated by the authorities.


2015 ◽  
Vol 18 (1) ◽  
pp. 25-41
Author(s):  
Tomasz Grabia

The aim of this article is to present and evaluate interest rate policies of three selected central banks in Central and Eastern Europe (Poland, the Czech Republic, and Hungary) from 2001 to 2013. The study consists of an introduction (Section 1) and three main parts. The introduction contains a theoretical description of the role of interest rate policy, the dilemmas connected with it, as well as an analysis of the strategies and goals of monetary policies of the National Bank of Poland (NBP), the Czech National Bank (CzNB), and the National Bank of Hungary (NBH) in the context of existing legal and institutional conditions. In turn, the first empirical part (Section 2) examines how the analysed central banks responded to changes in inflation, unemployment, and economic growth rates. The tools of the analysis are the nominal and real interest rates of those banks. The subsequent research part (Section 3) attempts to evaluate the degree of the contractionary nature of interest rate policies in specific countries in the context of the Taylor rule. The text ends with a summary (Section 4) encompassing concise conclusions drawn from the earlier analyses.


2017 ◽  
Vol 1 (3) ◽  
pp. 19
Author(s):  
Dr. Samuel Kanga Odalo ◽  
Dr. George Achoki ◽  
Dr. Amos Njuguna

Purpose: The purpose of this study was to establish to establish the influence of interest rate on the financial performance of agricultural firms listed at the Nairobi Securities Exchange.Methodology: The research design adopted was descriptive and causal (explanatory). A census approach was adopted and all the seven listed agricultural companies were taken as the population. The respondents’ sample was from finance departments at all levels and 220 questionnaires were administered. Primary data was collected using questionnaires while the secondary data was collected using data collection sheets from the firms as well as from the Nairobi Securities Exchange and CMA records. The particular inferential statistic was regression and correlation analysis. Panel data methodology was employed using a multivariate regression model to test the hypotheses and link the variables.Results: The findings revealed that interest rate has a positive and significant relationship with ROA, ROE and EPS. In addition, the findings from the interaction of the independent variables and the interest rate revealed that interest rate moderate the effect of financial performance of agricultural firms listed at the Nairobi Securities Exchange.Unique contribution to theory, practice and policy: The study recommends that financial institutions and banks in Kenya should assess their clients which include agricultural firms listed in NSE while setting up interest rates policies, as ineffective interest rate policies can increase the level of interest rates and consequently cost of borrowing and negate financial performance of the borrowing firms. The study also recommends that the Central Bank should apply stringent regulations on interest rates charged by financial institutions so as to regulate their interest rate spread.


Subject Monetary policy divergence in Central Europe in 2016. Significance At its March meeting, Hungary's National Bank (MNB) cut its benchmark interest rate to a record low of 1.2%, from 1.35%. Hungary's first interest rate cut since July 2015 came days after the ECB announced significant monetary easing measures. Deflationary conditions in much of Central Europe (CE) are heightening the likelihood of more monetary easing. Impacts Whereas Hungary will embark on a monetary easing cycle, the Czech Republic and Poland will hold rates unchanged in the short term. CPI is not expected to return within target before late 2017 or early 2018, necessitating a prolonged period of ultra-low interest rates. The return to monetary normalisation (the CNB is expected to exit the FX market during 2017) will be slow and gradual.


1993 ◽  
Vol 4 (1) ◽  
pp. 120-139
Author(s):  
Penelope N. Neal

This paper examines two issues pertinent to the effective implementation of monetary policy: firstly, the ability of the monetary authorities to control interest rates and secondly, whether interest rates have exhibited a leading, relationship with economic activity since deregulation of the financial markets. If expenditures are unresponsive to changes in interest rates it is shown that the monetary authorities have the ability to determine the interest rate but if the authorities attempt to push interest rates into regions in which expenditures become interest rate elastic, a role for liquidity preference in determination of the interest rate is restored. This limits the effects of discretionary monetary policy to the short-term. Previous empirical studies, graphs and correlation coefficients indicate only limited evidence for a negative association between interest rates and changes in economic activity whereas Granger causality tests indicate that predictable relationships between interest rates and economic activity have existed in Australia for the period in which financial markets have been deregulated.


2020 ◽  
Vol 2 (01) ◽  
pp. 69
Author(s):  
Rachmawaty Rachmawaty

The contradictive of using interest rate as Islamic Pricing Benchmark (IPB) has been discussed among scholars. A lot of alternatives has been offer by scholars but the implementation is based on market choice which are the competitive pricing of interest rate and the advantage of majority share of conventional financing.  In this paper there will be 3 objectives; first to give information of literatures review for some alternatives that already offer by scholars, second is to give information about pro and cons of using interest rates as the benchmark of cost of fund for Islamic Financial Institutions and the final objective is what author’s opinion and what kind alternative that author will provide based on literature review and author’s logic sense. The alternative IPB will be explained in this paper is based on nature of business, which will be categorized as IPB for debt financing, equity financing and combine financing. To implement IPB there are some infrastructure that will need to adjust in order to create fair environment such as educate customer and change the behaviour of customer to choose financing product, to change the role of bank and to see the paradigm of cost of statuary reserve requirement in central bank.  


2019 ◽  
Vol 2 (2) ◽  
pp. 182-198
Author(s):  
Siska Krisjayanti ◽  
Siti Tiffanny Guci ◽  
Erick Erick

The purpose of this study was to test and diagnose the effect of cash ratios, working capital turnover, solvency, interest rates on profitability (Emprising studies on various industries listed on the Indonesia Stock Exchange. The theory used in this study was the theories of Cash Ratio, Working Capital Turnover, Solvency, Interest Rate.The research method used is descriptive quantitative, this research is causal / clausal.In this study, data collection was carried out through documentation studies.The study used types and secondary data sources.The results of this study were the Cash Ratio, Working Capital Turnover, Solvency, Interest Rate, simultaneously have a not positive and significant effect on the firm value of empirical studies on Various Industries listed on the Stock Exchange for the period 2013-2016. The conclusions in this study are Cash Ratio, Working Capital Turnover, Solvency and Interest Rates are partially  taxed not positive and significant spirit towards the value of empirical studies on Various Industries listed on the IDX  for the period 2013-2016


2016 ◽  
Vol 1 (1) ◽  
pp. 571-585
Author(s):  
Rizka Oky Pryanka ◽  
Widyawati Widyawati ◽  
Safrida Safrida

Abstrak - Kredit merupakan salah satu bagian pembentukan modal yang dilakukan oleh lembaga keuangan. PT. Bank X Kota Banda Aceh telah merealisasikan permohonan Kredit Modal Kerja kepada pengusaha Usaha Kecil dan menengah. Penelitian ini bertujuan untuk mengetahui faktor-faktor suku bunga, pendapatan dan agunan dalam mempengaruhi permohonan kredit Modal Kerja Usaha Kecil dan Menengah pada PT. Bank X. Metode yang digunakan dalam penelitian ini adalah metode studi kasus. Pemilihan sampel sebanyak 20 orang dan diambil keseluruhan dari jumlah populasi dengan menggunakan teknik purposive sampling. Metode pengolahan dan analisis data menggunakan model regresi linear berganda. Hasil penelitian menunjukkan bahwa variabel  suku bunga (X1) berpengaruh negatif dan signifikan terhadap permohonan kredit modal kerja. Variabel pendapatan (X2) tidak berpengaruh secara signifikan terhadap permohonan kredit modal kerja. Sedangkan variabel agunan (X3) berpengaruh positif dan signifikan terhadap permohonan kredit modal kerja.Kata Kunci : Kredit, Kredit Modal Kerja, Suku Bunga, Pendapatan, dan AgunanAbstract - Credit is one of capital formation carried out by financial institutions. PT. Bank X Banda Aceh has provided working capital loan to small and medium entrepreneurs (SMEs). This study aims to determine the influence of interest rates, income and collateral in affecting working capital loan application in PT. Bank X. 20 customers of PT. Bank X who received working capital loan were purposefully selected (purposive technique sampling). Data were analyzed using multiple linear regression model. The result showed that interest rate (X1) has a significant negative effect on the working capital credit application. Variabel income (X2) do not significantly affect the working capital credit application. While the variabel collateral (X3) has positive and significant impact on working capital credit application.Keywords : Loans, Working Capital Loan, Interest Rates, Revenue, and Collateral.


Author(s):  
Jane Nganga ◽  
Gerald Atheru

The use of interest rate capping as a way of controlling various economic sectors has highly contributed to a continuous decline in the growth of credit to the small and medium businesses and private entities by introducing a distortion in the market which the credit markets have not been able to recover from. This has resulted to the issues of reduced income, high borrowing risks and a high emerging rate of shylocks who are also perceived to have high interest rates. Based on the provided evidence the caps on loan have highly discouraged most of the SMEs from seeking for growth funds. Empirical studies done have found mixed results on the impacts of interest capping on the SMEs performance thus a research gap. The research aimed at filling the current gap by focusing on a research on establishing the impacts of interest rates capping on the performance of small and medium restaurants in Kenya, within Nairobi County. The research was guided by objectives which include; determining the effect of the interest rate capping on the enterprises’ performance, determining the impact of credit accessibility of the enterprise’s performance, assessing the effect of credit availability on the enterprise’s performance. The research was anchored on liquidity and classical models as well as on the theory of credit market. The research will adopt a descriptive research design. The study population was 312 employees. A census was adopted. The study used both primary and secondary data. Primary data was collected using semi-structured questionnaires while secondary data was obtained from the financial statements of the enterprises. The research further employed questionnaires that were administered to each participant. The study used both the quantitative and qualitative methods of collecting data. The collected data was analyzed using descriptive and inferential statistics like frequency, mean, percentages and standard deviations and be presented using charts, tables and graphs. The study also conducted a multiple regression analysis to establish the relationship between the study variables .The understandings will ensure that they are not charged excessive interest rates for their loans. The study concluded that interest rate capping generally had a positive relationship with the performance of small and medium sized restaurants in Nairobi West. The study concluded that credit accessibility among the small and medium restaurants was based on firm characteristics and capacity and enhanced adjustment to adverse environmental shocks, raised amount of product investment and eliminates financial constraints to a great extent. It was concluded that the education level and experience of the respondents, awareness level, firm size and availability of collateral. The study concluded further that the risks associated with repaying, operating environment, status and ownership structure influenced performance of the SMEs since it determined their potential to get credit from the banks and other lenders. The study recommended that the banks and other lenders in the financial sector should enhance timely access to credit at affordable and flexible rates to enhance firm performance. It was further recommended that the SMEs need to improve awareness on existence of credit, willingness of MFIs and banks to offer credit to enhance SME thriving.  The study recommended that the number of lenders available in the market, willing to extent credit and creating awareness of products need to increase to spread choice, reduce rate and improve access and availability of credit to SMEs.


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